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LAW Nº 204 law of 15 December 2011 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, D E C R E T A: law of creation of the Fund support to milk production complex? PROLECHE the first chapter General provisions article 1. (OBJECT). This law aims to create the Fund of support to milk production complex? PROLECHE and establish their sources of financing, in the framework of the political of safety food with sovereignty of the State multinational.
Article 2. (FUND FOR SUPPORT TO MILK PRODUCTION COMPLEX? PROLECHE). To create the support fund to milk production complex? PROLECHE, which will have as objectives: contribute to food security with sovereignty, providing the Bolivian and Bolivian access to dairy products.
Promote the consumption of dairy products to raise nutritional standards of the population.
The development of the milk production complex.
Article 3. (REACHES). Programmes and projects are geared to support the productive players in the dairy sector, according to the application of the following technical and economic criteria: 1. for milk producers: scale of operations, prioritizing support to small producers.
Quality, small producers must comply with the quality standard of fresh milk by the competent entity.
2. for them industries milk: certification of price just: will be beneficiary of them programs and projects of support, the companies that count with the certification of price just and the price established printed in the container (CPJ) to be issued by the Ministry of development productive and economy Plural, according to regulation to be approved.
Scale of operations, prioritizing support to small businesses.
Finished products: it will favour companies that develop mass or popular consumer products.
The production target market: will receive greater support companies fully intended its production for the domestic market.
Quality: the beneficiary enterprises must comply with the rules of quality dairy products established by the competent authority.
SECOND chapter Fund PROLECHE article 4. (FUND ADMINISTRATION). The instance responsible for the administration of the Fund of support to the milk production complex - PROLECHE, will be the decentralized entity PRO BOLIVIA, under the Ministry of productive development and Plural economy.
Article 5. (FUNCTIONS). In addition to the functions and powers legally established, shall PRO BOLIVIA assume the following functions regarding the Fund of support to milk production complex? PROLECHE: Manage resources coming from the various sources of financing.
Develop programs and projects in support of the milk production complex.
Transfers of non-reimbursable public resources in money or kind public and/or public-private productive players in the dairy sector, in the framework of programmes and projects, prior compliance requirements through specific regulations.
Support the development of small and medium-sized industries preferably in observance of articles 314 and 316 of the political Constitution of the State.
Article 6. (LIMIT TO DIRECT TRANSFERS). The maximum amount of the total of the direct transfer of the monetary resources of the Fund to the dairy companies will be from Bs35.000.000.-(thirty-five million 00/100 BOLIVIANOS) annually during the eight (8) years of the Fund.
In the event of breach of the annual targets of per capita consumption established by the Ministry of productive development and Plural economy, the amount of direct transfers will be less.
THIRD chapter sources of financing of the Fund article 7. (FUNDING SOURCES). The Fund support to milk production complex?
PROLECHE, will be financed with revenue-generating retention by marketing of beer? RCC, retention by importation of alcoholic beverages? RIBA, the contribution of the dairy-producing industries and derivatives and fines established in this law.
Article 8. (RETENTION MARKETING OF BEER AND IMPORTATION OF ALCOHOLIC BEVERAGES).
I. to create retention by marketing of beer? RCC and retention by importation of alcoholic beverages? RIBA, which shall apply to natural or legal persons producing beer or importing of alcoholic beverages, according to the following table: description products imported (Bs. per liter) retention fee domestic products (Bs. per liter) retention fee 0.10 0.40 beer wine of fresh grapes, including header; grape must 0.40 - Vermouth and other wine of fresh grapes prepared with plants or aromatic substances 0.40 - other fermented beverages (for example: cider, Perry, Mead); mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included elsewhere.
0.75 ethyl alcohol Undenatured alcoholic strength less than 80% vol; spirits, liqueurs and other spirituous beverages (e.g.: Pisco, singani, grappa and the like, Whisky, rum, gin, gin, vodka and other liquors and spirits).
1.30. quotas included in the table will be considered as maximum to be changed by Presidential Decree contributions.
II. retention by marketing of beers? RCC and the retention by import of drinks alcohol? RIBA, is determined by applying the rate corresponding about the volume of the product reached. This obligation arises at the time of the import of drinks alcoholic or marketing internal of beer of production national.
The concept of retention not includes the base tax of taxes internal or of import.
III. the retention created by this article will be assessed and paid in the form, terms and places that set the executive body through regulation.
IV. the resources obtained by retention by marketing of beer? RCC and retention by importation of alcoholic beverages? RIBA, will be allocated entirely to the Fund of support to milk production complex? PROLECHE.
Article 9. (CONTRIBUTION OF PRODUCERS AND DAIRY COMPANIES).
I. the Fund of support to milk production complex - PROLECHE will be co-funded by producers and dairy that they operate in the territory of the country.
II. starting from the year 2013, the total contribution of the companies shall be at least equivalent to forty percent (40%) of the annual direct transfers from the fund companies and will grow each year at least five per cent (5%).
The contribution of each company will be proportional to the volume of operations by its actual annual production, according to the following criteria: the date of the publication of the Decree until December 2012, only companies that focus more than fifty percent (50%) of the total milk production in Bolivia will be the corresponding contribution.
From January 2013, will you join the Fund of support to milk production complex? PROLECHE, the contribution of the companies that have at least three percent (3%) of the total milk production in Bolivia.
From 2014, will all of the companies make the contribution to the Fund of support to milk production complex? PROLECHE.
III. is excluded from the provisions of this article to the primary producers of milk.
Article 10. (PUNITIVE REGIME). The lack of compliance of withholdings and contributions provided for in the preceding articles, within certain deadlines by regulation, will be punished according to the following penalties regime: pecuniary penalties: fine of up to twenty percent (20%) of the amount of retention or unfulfilled contribution.
Temporary suspension of the registration of trade.
In the case of dairies: Exclusion from the benefit of direct transfers to the offending industries for the entire time of delay in payment of its contribution.
The resources obtained by the recovery of fines of amount of retentions or unfulfilled contributions, will be allocated to the support fund to the milk production complex? PROLECHE.
FOURTH chapter TEMPORALITY, destination of unused resources and closing of the Fund article 11. (TEMPORALITY). The Fund support to milk production complex? PROLECHE, will have a duration of eight (8) years calculated from the date of publication of the decree that regulates it.
Article 12. (DESTINATION OF UNUSED RESOURCES). After a technical, economic evaluation and results of the Fund, held every two (2) years by the Ministry of productive development and Plural economy, if you verify the fulfillment of their goals and the existence of surplus funds, this Ministry may instruct PRO BOLIVIA the transfer of these resources for the implementation of measures in support of productive infrastructure of dairy program : Bolivia changes, Evo meet.
The amount of unused resources shall be calculated by reference to the growth of the contribution of industries.
Article 13. (COMPLETION OF PUBLIC CONTRIBUTIONS TO THE FUND PRO MILK). The public contributions to the Fund of support to milk production complex? PROLECHE will cease at the end of the eighth year of operation of the Fund.
FINAL PROVISIONS FIRST. It empowers the authority of control and Social Control of companies to carry out collection, control and supervision of the correct payment of withholdings and contributions laid down by this law,
THE SECOND. Withholdings for marketing of beer? RCC and the retention by import of beverages alcoholic? RIBA, shall be governed by the provisions of this law and its regulations, third. The Ministry of productive development and Plural economy and the Ministry of Rural development and Lands, be adopted annually during the month of may, a band of prices to be paid to the producer of raw milk and dairy selected by a band of prices to the final consumer of products. Every six months the price band will be revised to the final consumer.
-FOURTH. By Supreme Decree is set use and criteria of distribution of the Fund support to milk production complex? PROLECHE, as well as the operational procedures of the sanctioning regime.
QUINTA. The Ministry of productive development and Plural economy is the entity responsible for ensuring compliance with the results and objectives of the Fund.
6TH. He Ministry of development productive and economy Plural in a term not greater to thirty (30) days starting from the publication of the present law, through available normative Express will issue the regulation complementary required.
SEVENTH. -Private transfers regime established in this law, is subject to the provisions of the law 062 November 28 2010, consistent with article 27 of Decree Nº Supreme 0772, on January 19, 2011.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative plurinational, twenty-nine days of the month of November of two thousand eleven years.
FDO. Rene Martinez Callahuanca, Hector Enrique Arce Zaconeta, Zonia guard Melgar, Carmen García M., Agripina Ramirez Nava, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, on the fifteenth day of the month of December of two thousand eleven years.
FDO. EVO MORALES AYMA, Carlos Romero Bonifaz, Luis Alberto Arce Catacora, Ana Teresa Morales Olivera, Nemesia Achacollo Tola.
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